What is a Child Custody Modification in Florida?

A child custody order or agreement in Florida can be changed. Our state has a well developed modification process that is designed for these types of cases. A modification may either be voluntarily agreed to by the parents or imposed as part of a court order. At Williams & Varsegi, LLC, we have extensive experience with custody matters. Here, our Boca Raton, Parkland, Delray, Coral Springs, Palm Beach county and Broward county child custody lawyers provide a guide to the key things that you need to know about custody modifications in Florida.

A Modification Changes an Existing Parenting Plan or Time-Sharing Schedule

In Florida, a custody modification occurs when a court changes an existing order governing these issues. Depending on the circumstances, a modification could alter the number of overnights each parent receives, the regular weekly schedule, holidays and vacations, transportation arrangements, decision-making authority, or other provisions of the parenting plan.

Note: Parents may agree to changes, but they should generally obtain court approval if they want the new arrangement to replace the existing enforceable order.

Parent Seeking Modification Must Show a Substantial and Material Change in Circumstances 

Florida does not allow a court to modify a parenting plan simply because one parent believes a different arrangement would work better. Under Florida Statutes § 61.13, the parent seeking modification generally must first establish a substantial and material change in circumstances.

The Simplest Path to Modification is an Agreement Between the Parents

To be clear, parents do not necessarily need to litigate a custody modification. Quite the contrary, in many cases, the most efficient option is to negotiate a revised parenting plan and time-sharing schedule that both parents accept. An agreed modification can reduce legal costs, avoid an evidentiary hearing, and give the parents substantially more control over the new arrangement. Still, parents should not rely solely on an informal agreement, particularly when they are making significant or permanent changes to time-sharing or parental responsibility. The existing court order generally remains enforceable until the court approves the modification.

Any Proposed Modification Must Serve the Child’s Best Interests

Florida is a “best interests of the child” state for custody and visitation. That standard applies to modification cases. In effect, that means that establishing changed circumstances is only part of the analysis. The requested modification must also be in the best interests of the child. Florida courts evaluate the factors listed under Florida law, including each parent’s ability to encourage a close relationship with the other parent, provide stability and routine, meet the child’s developmental needs, participate in school and activities, and communicate effectively regarding the child.

Call Our Child Custody Lawyers Today

At Williams & Varsegi, LLC, our Boca Raton, Parkland, Delray, Coral Springs, Palm Beach county and Broward county child custody attorneys are compassionate, experienced advocates for parents. If you have any questions about child custody modifications, we are here as a family law resource that you can trust. Give us a call now or contact our family team online to set up a strictly confidential, no obligation initial consultation. We handle child custody cases throughout South Florida.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html